NHAI Successfully defends Major Arbitration Case to Safeguard Public Funds (See 'Corp Brief') Companies Act - Coal beneficiation cannot per se be excluded from ambit of manufacturing process to justify quashing of criminal complaint at preliminary stage: HC (See 'Legal Desk') Digital India BHASHINI conducts Multilingual AI Workshop for Haryana Vidhan Sabha (See 'Corp Brief') MISC - RBI, possessing superior expertise in financial administration over cooperative authorities, has independent power to supersede board of a cooperative bank under the Banking Regulation Act - Principles of natural justice do not apply to Section 36AAA of Banking Regulation Act 1949: HC (See 'Legal Desk') Youth Unrest & CJP Agitation: Key Learnings (See CORP EINSICHT) IPR - Patent offices cannot rely on mere hypotheses or hindsight to dismiss technical advancement: HC (See 'Legal Desk') 'Corporate Mitra Scheme' Awareness Webinar Successfully Organized by IICA Shillong (See 'Corp Brief') Rajya Sabha organises Orientation Programme for newly elected Members (See 'Corp Brief') IBC - Service of insolvency petition on corporate debtor's registered email address available in MCA records constitutes valid service, if accompanied by attempts at service at registered office and publication in accordance with NCLT Rules: NCLAT (See 'Legal Desk') Coast Guard rescues 170 Persons in Flood Relief Operations across Daman, Dadra & Nagar Haveli (See 'Corp Brief') IBC - Prior or parallel proceedings under SARFAESI and before DRT do not bar Section 95 insolvency application: NCLT (See 'Legal Desk') Public Advisory: Beware of Fraudulent Air Suvidha 2.0 Websites (See 'Corp Brief') IBC - Liquidation application allowed where corporate debtor is not a going concern, has prima facie nil asset value & where requirements of Section 33 of IBC 2016 are met: NCLT (See 'Legal Desk') Committee discusses consumer-centric framework for parallel distribution licensing (See 'Corp Brief') NHA convenes BRICS Dialogue on strengthening Continuum of Care Through Digital Health (See 'Corp Brief') IPR - Storing copyrighted literary works solely for training LLM constitutes 'Fair Dealing' u/s 52(1)(a) of Copyright Act: HC (See 'Legal Desk') PM Ekta Malls and PMFME Scheme strengthen Market Access for ODOP Products (See 'Corp Brief') AP Postal Circle Emerges as Nation's Best Performer in Q1 (See 'Corp Brief') PM Vishwakarma Scheme rolls out in West Bengal (See 'Corp Brief') NHAI extends 'Clean Toilet Picture Challenge' till 30th June 2027 (See 'Corp Brief') IPR - Statutory timelines for entering national phase and requesting examination under Patents Act are rigid, mandatory, and cannot be extended: HC (See 'Legal Desk') NICDC organises Cross-Learning Site Visit to AURIC Smart City (See 'Corp Brief') IPC and CSIR-CIMAP renew collaboration to advance Medicinal Plant Research (See 'Corp Brief') PMLA - ED can validly attach specific commercial units equivalent to value of diverted crime proceeds regardless of whether entity was named in predicate FIR: SAFEMA (See 'Legal Desk') CCI approves acquisition of 100% equity share capital of NCR Atleos Corporation (See 'Corp Brief') Chouhan to provide relief to Totapuri mango farmers of AP, TN and Karnataka (See 'Corp Brief') IPR - In passing off action, plaintiff must prove not only similar name but actual misrepresentation and strong likelihood of consumer confusion: HC (See 'Legal Desk') 3.75 Lakh Students and Researchers Benefited Under INSPIRE Programme: MoS (See 'Corp Brief') NHAI strengthens Framework for Engaging Professionals in Highway Consultancy (See 'Corp Brief') IPR - Passing off action can be seamlessly expanded into infringement action if they share common factual foundation: HC (See 'Legal Desk') Expanded BRICS represents Opportunity to shape the Future of Global Health (See 'Corp Brief') IBC - Disputes involving 'rights in rem' that affect overarching corporate structure and public interest, cannot be settled in private arbitration: NCLT (See 'Legal Desk')

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

TIOL CORP SEARCH

TIOL GROUP WEBSITES